California District Court Grants State’s Motion to Dismiss Out of State Importer’s Dormant Commerce Clause Challenge

California District Court Judge Kimberly J. Mueller granted the state of California’s Motion to Dismiss a challenge brought by an out of state wine importer under the dormant Commerce Clause.   The court did give the plaintiffs the opportunity to consider if they would like to file to amend their complaint for a third time “if…Read More

Public Ownership Ban of Liquor Stores Survives. Texas Wins on Dormant Commerce Clause as 5th Circuit Vacates and Remands District Court

The first federal court decision on a state’s alcohol laws analyzed under the dormant Commerce Clause since the recent Tennessee Wine and Spirits Retailers Association case has now been handed down and the state of Texas is the beneficiary. The issue is a Texas law (22.16) that bans public ownership of liquor store retailers.  On…Read More

8th Circuit Finds Standing, Sends Minnesota Wine Grape Law Back to District Court

I blogged about waiting for the 8th Circuit’s decision last week and now they have ruled this week.  The 8th Circuit reversed the district court’s decision not to find standing in the challenge to the law requiring 51% of the grapes to be from Minnesota to qualify for one of two licenses.   They did not…Read More

The Supreme Judicial Court of Massachusetts Upholds Law Banning Sales Below Costs Against Challenge from Total Wine

The highest court in Massachusetts has upheld the state law that prevents sales of alcohol below costs.   This case stems from an enforcement action against Massachusetts Fine Wine and Spirits (Total Wine) related to the state definition of cost of liquor.   The Court stated: “We conclude that the plain language of § 2.04(1) requires that…Read More

A Reflection on the 21st Amendment views of Justice Stevens

This month our nation lost a patriot who served our nation with great distinction when retired Supreme Court Justice John Paul Stevens died at the age of 99.  Justice Stevens was a brilliant man of many experiences; Navy seaman, World War Two veteran, antitrust lawyer, and eventually the third longest serving Supreme Court Justice. While…Read More